Dublin Amended Carriage Act, 1854

• Permanent Page URL

DUBLIN AMENDED CARRIAGE ACT 1854

CAP. XLV.

An Act to amend the Dublin Carriage Act, 1853. [24th July1854.]

16 & 17 Vict. c. 112.

‘Whereas an Act was passed in the Session of Parliament holden in the Sixteenth and Seventeenth Years of Her Majesty’s Reign, intituled An Act to consolidate and amend the Laws relating to Hackney and Stage Carriages, as also to Job Carriages, and Carts let for Hire, within the Police District of Dublin Metropolis, and it is expedient that some of the Provisions contained in the said Act shall be repealed, in order that the same may be altered and amended:’ Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

Parts of Act herein specified repealed.

I. From and after the Commencement of this Act, such Parts of the said Act as are set forth in the Schedule (A.) to this Act annexed shall cease and determine, and shall be repealed, save as to any Licences granted by the Commissioners of Police to keep, ply, use, or let to Hire any Stage Carriage, Job Carriage, Cart, or Job Horse, or any Duties, Penalties, or Forfeitures that shall have been incurred or become payable by virtue of the said Act, and save also as to all other Matters and Things whatsoever which shall have been done or omitted, either pursuant to or in violation of the said Act, prior to the First Day of August One thousand eight hundred and fifty-four.

Commissioners to grant Licences to Proprietors.

Commissioners may refuse or revoke Licences.

II. The Commissioners of Police of the Police District of Dublin Metropolis, or their Officer authorized in that Behalf, shall and may grant Licences, upon the Terms and Conditions and in the Manner and Form herein-after mentioned, to keep, ply, use, or let to Hire any Stage Carriage, Job Carriage, Hackney Carriage, Cabriolet, Cart, or Job Horse, within the Limits of the said Act, and every such Licence shall take effect from the Date thereof, and shall continue in force so long as the annual Duty payable thereupon under the Provisions of this Act, to be computed from the First Day of January of each Year, shall be paid in manner as herein directed, or until the same shall be voluntarily surrendered by the Party named therein, or otherwise be determined or revoked, under the Provisions of the said Act or of this Act; and every such Payment of Duty shall be made at the Office provided for the Purpose by the said Commissioners, in One annual Payment, at a Time or within a Period to be specified in such Licence as and for such Payment; and such Payment of the said annual Duty in respect of the Carriage, Cabriolet, Cart, or Horse described in the said Licence shall be certified by the Officer duly authorized for that Purpose, whose Certificate thereof shall be received as sufficient Evidence of the Existence or Continuance in force of said Licence: Provided always, that in regard of any such Carriage, Cabriolet, Cart, or Job Horse it shall be lawful for the said Commissioners, if they shall think proper, to refuse to grant any such Licence, or to revoke or suspend for such Time as they shall think proper any such Licence which may have been theretofore granted, and to recal and take away the Dublin Plate belonging thereto, in case it shall appear to the said Commissioners, upon Inspection or otherwise, that the Carriage, Cabriolet, Cart, or Job Horse in respect of which such Licence shall be applied for or granted, or any Horse or Harness used with any such Carriage, Cabriolet, or Cart, is unserviceable or unsafe, or otherwise unfit for public Accommodation or Use, or that the Person applying for or in possession of any Licence is an unfit Person to hold the same, by reason of his having been convicted of any. Theft or Felony, or of his having been convicted of any Assault, or of Drunkenness, or of any Breach of the Provisions of the said Act or of this Act, or of the Rules, Orders, or Byelaws made in pursuance thereof; but in all such Cases of Refusal or Revocation the said Commissioners shall endorse upon or annex in Writing to such Licence, or the Requisition therefor, the Grounds for such Refusal or Revocation: Provided also, that a Licence shall not on any account be granted to any Person under the Age of Eighteen Years, otherwise than jointly with some Person of full Age who shall be appointed to act as Trustee, Executor, Guardian, or Administrator of the Will or Personal Estate of a Proprietor dying while licensed, and in any such Case the Trustee, Executor, Guardian, or Administrator named in the Licence shall, during the Minority of any Person or Persons named in such Licence with him, be accountable in all respects as if Proprietor of such Carriage, Cabriolet, Cart, or Horse: Provided also, that there shall be obtained a separate and distinct Licence for using or letting to Hire every Hackney Carriage, Job Carriage, Stage Carriage, Cabriolet, Job Horse, and Cart; but no Licence so obtained shall authorize the Use of any such Carriage, Cabriolet, or Cart in any Manner contrary to the Import of the Licence appertaining to such Carriage, Cabriolet, or Cart, within the Meaning of this Act: Provided also, that in every Case in which a Licence is to be obtained the proper Duty in respect of the Carriage, Cabriolet, Cart, or Horse to be described therein shall be first paid as herein required, and shall be paid in every Year thenceforward while in force, according to the General Regulations which the said Commissioners shall require to be observed, and which they are by this Act empowered to make for the Purpose, and to prescribe in each Licence.

Licences to be an Authority only to Persons named therein.

III. Every Licence to be issued under this Act shall be deemed to be an Authority only to the Person or Persons named therein; but on the Transfer, by Sale or otherwise, of the Property or Ownership in any Carriage (other than a Hackney Carriage), or in any Cabriolet, Job Horse, or Cart, for which a Licence shall be granted, or on the Admission of any Person as a Partner in the Ownership of any such Carriage, Horse, or Cart, it shall be lawful for the said Commissioners or their authorized Officer as aforesaid to grant, in lieu of such Licence, to any Person or Persons who shall be named in any Requisition to be addressed to them for the Purpose, a Licence to the like Effect; and on the Transfer, by Sale, Assignment, Bequest of, or Change of Property in any Manner whatsoever in any Hackney Carriage, or upon the Admission of any Person to a Share in the Ownership thereof, a Requisition for a Licence, according to the Nature of the Case, shall be first sent to the said Commissioners, and if they shall consider the Person so proposed or named as Purchaser, Assignee, Legatee, or Partner to be a fit Person to be licensed as a Proprietor of a Hackney Carriage, having regard to the Limitations herein made for the Purpose of preventing improper Persons from obtaining Licences, it shall then, but not otherwise, be lawful to grant, in lieu of the Licence for such Carriage or Cabriolet then in force, a Licence to the Person named in the said Requisition; and for every such Licence so granted upon the Sale or Assignment, Bequest of, or Change in the Property of any licensed Hackney Carriage, or upon the Admission of any Person to a Share in the Ownership thereof, the proper Fee or Sums appropriated thereto shall be first paid as herein-after required; and in every such Case as aforesaid, in which the annual Duty according to any such Licence shall have been paid for the Year or Period then present, the new Licence shall be granted without Payment of any further Duty for such Year or Period: Provided also, that in all Cases it shall be sufficient in any Proceedings under this Act to name the Proprietor or Proprietors actually licensed at the Time, and on Proof thereof such Proceedings shall extend to and include every Person concerned in the Ownership of any Carriage, Cabriolet, Cart, or Horse in the Use, hiring, or plying of which any Offence or Injury shall be committed; and it shall and may be lawful to and for any of the Divisional Justices of the Police District of Dublin Metropolis, upon Complaint made to him in that Behalf, to inquire into all and every Matter and Thing respecting the Misconduct of any Proprietor, Part Proprietor, Driver, Conductor, or other Person belonging to or in any Manner connected with any such licensed Carriage, Cabriolet, Cart, or Job Horse, and to correct the same as he shall think proper, whether or not a Remedy may have been provided against such Misconduct by the said Act, or by the Rules, Orders, Regulations, or Byelaws made pursuant thereto.

Supplementary Licences may be granted in certain Cases.

Such Supplementary Licences to be then the only Licences in force.

Commissioners may refuse to grant such in Cases of wilful Damage.

IV. Whenever any of the Particulars entered or endorsed upon any Licence in force, under the Provisions of this Act or the before-recited Act, shall be obliterated or defaced, so that the same shall not be distinctly legible, and also whenever any such Licence shall be proved to the Satisfaction of the said Commissioners to have been lost or mislaid, the Person to whom such Licence shall have been granted shall (if he shall have the same in his Possession or Power) deliver up such Licence, and shall make and sign a Requisition for a Supplementary Licence as herein provided, and then and in such Case it shall be lawful for the said Commissioners, or their authorized Officer as aforesaid, to grant to such Person a Supplementary Licence in lieu of the Licence so obliterated, defaced, lost, or mislaid, on Payment of the Sum of Two Shillings and Sixpence for and in respect of such Supplementary Licence where the same shall be required by the Proprietor of any licensed Carriage, Cart, or Job Horse, and on Payment of the Sum of One Shilling where such Supplementary Licence shall be required by the Conductor of any licensed Stage Carriage, or the Driver of any licensed Carriage whatsoever, and in like Manner a Supplementary Licence shall be taken out from Time to Time as often as any of the several Cases aforesaid shall occur: Provided always, that whenever any such Supplementary Licence shall be granted in lieu of any pre-existing Licence, such pre-existing Licence shall thenceforth cease and determine, and such Supplementary Licence shall be deemed to be the only Licence in force, and it shall not be necessary upon any Occasion to prove that such pre-existing Licence had been previously taken out, nor shall the Circumstances under which such Supplementary Licence was issued be required to be proved, nor the Regularity of the issuing thereof in any Manner questioned: Provided also, that it shall be lawful for the said Commissioners to refuse to grant any such Supplementary Licence if it shall appear to the said Commissioners that the Particulars entered or endorsed on any Licence so to be delivered up as aforesaid shall have been wilfully obliterated or rendered illegible by any other Means than by regular and proper Use and Wear thereof.

Hackney Carriage Licences granted under 16 & 17 Vict c. 112. null and void.

V. From and after the First Day of August One thousand eight hundred and fifty-four, all Licences theretofore granted by the said Commissioners to ply or let to Hire any Hackney Carriage under the Provisions of the said Act, shall cease and determine, and be utterly null and void, and shall be delivered up to the said Commissioners, together with the Dublin Plate appertaining thereto: Provided always, that every Person who shall on the said First Day of August One thousand eight hundred and fifty- four be possessed of any such Licence as last aforesaid, and who shall, at any Time within One Calendar Month thereafter, apply for a Licence in lieu of such former Licence, and shall have paid all Fines and Forfeitures which may have been incurred by him in respect thereof, shall be primâ facie entitled to a Licence to ply or let for Hire a Cabriolet under the Provisions of this Act; and in consideration of the Duty theretofore paid on procuring such former Licence it shall be lawful to make a Deduction from the Amount of Duty payable under this Act for and in respect of the Cabriolet Licence so to be granted, equal to the Amount of Duty previously paid in respect of the former Licence so surrendered and delivered up.

Limitation as to Number of Licences to be granted.

VI. The Number of Licences (subject, however, to the Conditions herein-after mentioned and expressed respecting such Licences,) so as aforesaid to be granted by the said Commissioners or their authorized Officer to Proprietors of Hackney Carriages which shall be in force at any One and the same Time shall not at any Time exceed the Number of Licences in force on the First Day of January One thousand eight hundred and fifty-four: Provided, nevertheless, that when and so often as any Person, duly qualified to be licensed as a Proprietor of a Hackney Carriage, shall consent to pay to the Officer duly appointed to issue Licences under the said Act, for and in respect of a Licence for a Hackney Carriage, a Premium of Twelve Pounds Ten Shillings, it shall and may be lawful to and for the said Commissioners or their authorized Officer, then, but not otherwise, to grant to such Person a Licence to keep, ply, use, or let to Hire within the Limits of the said Act a Hackney Carriage, such Licence to be subject in all respects thereafter to the Provisions of the said Act and of this Act.

Licence Duties to be paid as in Schedule (B.)

VII. From and after the First Day of August One thousand eight hundred and fifty-four, there shall be paid, in each and every Year, to the Officer duly appointed to issue Licences under the said Act, for and in respect of every Licence to be granted under this Act, for every Job Carriage, Stage Carriage, Hackney Carriage, Cabriolet, Cart, and Job Horse mentioned and described in the Schedule (B.) to this Act annexed, and which shall be deemed a Part of the same, the several annual Duties or Sums of Money set down in Figures against the same respectively; and for and in respect of every Licence so granted upon the Sale or Assignment, Bequest of, or Change in the Property of any licensed Hackney Carriage or Cabriolet, or upon the Admission of any Person to a Share in the Ownership thereof, there shall be paid to the aforesaid Officer the Fee or Sum appropriated and described in the said Schedule (B.), save where such Licence shall be granted to the Widow or Children of a Proprietor dying while licensed.

Duties may be altered or abolished, with Consent of Lord Lieutenant.

VIII. It shall and may be lawful for the said Commissioners, if they shall think proper, from Time to Time, in each and every Year, to alter and diminish, or to annul and abolish all or any of the several Duties, Sum or Sums of Money specified in the said Schedule (B.), or which shall hereafter under this Act he charged for and upon the respective Stage Carriages, Job Carriages, Hackney Carriages, and Cabriolets, Job Horses, and Carts, as described in the said Schedule, but so as that in case of any Alteration thereof, whether the same be by Diminution or wholly annulling the same, or whether the same shall affect all or any One or more of the same, such Alteration shall be approved of by the Chief or Under Secretary to the Lord Lieutenant of Ireland, and that wherever any of the said Duties shall be altered a Schedule of the new Duties shall, immediately after such Alteration shall have been approved of as aforesaid, be published once in the Dublin Gazette, and Three Times in any of the Newspapers published in Dublin within Seven Days next after the Publication of the Schedule last mentioned in the Dublin Gazette;and the said last-mentioned Schedule, after the Expiration of such Period of Seven Days, shall be deemed and taken to be a Part of this Act, in lieu of so much of the Schedule (B.) hereunto annexed, as often as any Duties shall be altered in the Manner herein provided.

Execution shall not be stayed unless the Party convicted shall give Security by Recognizance to prosecute Appeal.

IX. No Appeal shall stay or prevent the Execution of any Warrant or Process on any Conviction, unless the Party convicted shall before the convicting Justice or Justices enter into a Recognizance, with Two sufficient Sureties, in a Sum equal to double the Amount of the Penalty or Penalties in which the said Party shall have been convicted, and of the Costs awarded, if any, which Recognizance shall be conditioned that the Party so appealing shall personally appear at the proper General Quarter Sessions, and abide the Judgment of the Court thereupon, and pay such Costs, if any, as shall be by the Court awarded, which Recognizance such Justice or Justices is and are hereby authorized to require and take of the Party convicted entering into such Recognizance; and the Justice who shall take such Recognizances is also hereby required to bind the Person who shall make the Charge on which such Judgment shall have been given in a Recognizance conditioned that he shall appear at such General or Quarter Sessions aforesaid, then and there to give Evidence against the Person so charged, and to in like Manner bind any other Person who shall have any Knowledge of the Circumstances of such Offence: Provided always, that in case such Appeal shall be dismissed, and such Conviction affirmed, the reasonable Expenses of all such Witnesses attending as aforesaid, to be ascertained by the Court, shall be paid by the Appellant or Appellants; and the Recognizance or Recognizances so entered into as aforesaid shall be estreated, unless such Expenses are so paid by such Appellant or Appellants; and it shall not be necessary at the Hearing of such Appeal to return or produce to the Court of Quarter Sessions any Record of the Conviction of the Defendant or Appellant before any Divisional Justice, but it shall be deemed sufficient for the Clerk of the convicting Justice to attend at such Court of Quarter Sessions, and produce the Book containing the Entry of such Conviction, and such Clerk shall enter in such Book the Judgment of the said Court of Quarter Sessions in reference to such Appeal, and thereupon such Judgment shall be held to be final and conclusive between the Parties to such Appeal.

Interpretation of certain Words in this Act.

X. That the Words and Expressions herein-after mentioned shall in this and the said Act, and the Schedules thereto annexed, (except where the Nature of the Provisions or the Context of the Act shall exclude such Construction,) be interpreted as follows; that is to say, the Words “Hackney Carriage” shall include every Carriage constructed with less than Four Wheels used for Passengers (except a Stage Carriage, or any Carriage known as Hansom’s Patent Safety Cab), which shall be used for the Purpose of standing or plying for Hire in any Street or Road or any Place within the Limits of the said Act; the Word “Cabriolet” shall include every Carriage known as Hansom’s Patent Safety Cab, and every Carriage constructed with Four Wheels used for Passengers (except a Stage Carriage, or a Carriage drawn or impelled by the Power of Steam), which shall be used for the Purpose of standing or plying for Hire in any Street or Road or other Place within the Limits of said Act.

Act of 16 & 17 Vict. c. 112. and this Act to be construed together.

XI. The said recited Act of the Sixteenth and Seventeenth Years of the Reign of Her present Majesty and this Act shall be construed together as One Act, and all and every the Enactments and Provisions contained shall apply and extend to this Act, and to all Licences, Convictions, Warrants, Distresses, Proceedings, and Things granted, made, taken, and done in execution of this Act, as fully, to all Intents and Purposes, as if herein repeated and re-enacted, save in so far as such Enactments and Provisions are inconsistent with or contrary to this Act, or as such Enactments may be altered by this Act, or other Enactments made in lieu thereof.

Security to be given by Officers, &c. employed under this Act.

XII. Every Officer employed under the said Commissioners who in the Execution of his Duty shall be engaged in the Receipt of Money payable in pursuance of this Act shall, in respect of any Money to be received by him under this Act, and any other Act in the Execution of which he shall be employed, give Security in such Amount as the said Commissioners, with the Approval of the said Chief or Under Secretary, shall direct, and for that Purpose it shall be lawful to and for the said Commissioners to accept of, receive, and take the usual Form of Security in such Cases entered into by any incorporated Guarantee Association for the Purpose of giving Security for the Fidelity of Persons holding Situations or Offices of Trust and Confidence.

Reputation to be sufficient Evidence of Officer’s Authority.

XIII. If it shall become necessary to prove the Power, Office, Authority, or Appointment of any Officer or Person appointed or acting under or by virtue of this Act or the said Act, it shall in all Cases be sufficient, to all Intents and Purposes, to prove that such Person at the Time in question was commonly known or reputed to hold such Office or Situation respectively, and it shall not in any such Case be necessary to produce or prove any Appointment or Qualification whatsoever of such Person or Persons.

Short Title.

XIV. In citing this Act in other Acts of Parliament, or in legal Instrument or any Proceedings, it shall be sufficient to use the Expression “The Dublin Amended Carriage Act, 1854.”

Misnomers not to affect the Execution of the Act.

XV. No Misnomer or inaccurate Description in the Schedules to this Act annexed shall prevent or in anywise affect the Operation thereof, but this Act shall apply and be enforced, as fully and effectually, to all Intents and Purposes, as if the Subject of such Misnomer or Misdescription had been correctly named and described in such Schedule, provided the same be designated to common Intent and Understanding.

Commencement of Act.

XVI. This Act shall commence and take effect from and after the First Day of August One thousand eight hundred and fifty-four.

SCHEDULES to which this Act refers.

SCHEDULE (A.)

Act and Parts thereof repealed.

SCHEDULE (B.)

Containing the Duties and Fees on Licences imposed by this Act.

SCHEDULE (C.)

Containing Forms of Licences under the said Act and this Act.

No. 1.

By the Commissioners of Police of the Police District of Dublin Metropolis. Licence for a

No.

In pursuance of the Powers vested in the Commissioners of Police of the Police District of Dublin Metropolis by an Act of Parliament passed in the Session of Parliament holden in the           Years of the Reign of Her present Majesty, intituled [here insert the Short Title of the Act], I, the undersigned, being One of the said Commissioners [or being the Person duly authorized by the said Commissioners for that Purpose, as the Case may be], do hereby grant this Licence, together with a Plate as a Mark of Distinction corresponding in Number therewith, to       of in the of        the said Licence to remain in force (unless revoked or otherwise determined under the Provisions of the said Act) for such Period as the said        shall continue to pay the yearly Sum of        being the annual Duty to be paid in respect thereof, the said Sum to be paid [here insert Period for Payment of Duty] in every successive Year, or in default of such Payment this Licence to be null and void and of no Effect; and this Licence shall be produced to the said Commissioners, or One of them, at all Time and Times, and from Time to Time, as the same shall be required or ordered by the said Commissioners or any One of them to be produced, and shall be subject to such Laws as are now or hereafter shall be in force for the better         Regulation of        and the Drivers thereof, and also all such other Rules, Orders, and Byelaws as are now in force or hereafter may be made by the Commissioners of Police for the Time being.

Given under my Hand [or, Signed by Authority of the Commissioners of Police, and dated, as the Case may be], this          Day of

Form of Endorsement of the Delivery of any New Dublin Plate.

Memorandum of Change of Residence of Proprietor.

Memorandum of Change required in the Route of any Stage Carriage.

No. 2.

*** This Licence, together with the Badge relating thereto, must be delivered up, if not renewed between       the Day of      and the        Day of                         Driver or Conductor of [as the Case may be]. No.                  [Here insert the Date of the Act.]

Dated      Day of           Commissioner. [or, Signed by Authority of the Commissioners of Police, and dated this Day of as the Case may be].

Form of Endorsement of Change of Abode.